Employment-Based Options

Whether you are an employer who wants to keep your talent in the U.S. indefinitely or an employee who wants to stay beyond the short-term visa options, you can join the many who seek permanent residency through employer-sponsored options.

In most cases, a U.S. employer would first have to test the labor market to determine whether there is a qualified, available, and willing U.S. worker for a position that the employer would otherwise offer to the foreign national. The test of the labor market is highly regulated by the U.S. Department of Labor and can carry a lot of pitfalls for the unwary. This process is known to many as the PERM process. Both Clark Lau LLC partners have been heavily involved in monitoring, writing, and speaking on the very rules and requirements of this labor market test. Given that PERM cases make up a significant part of our practice, the Clark Lau LLC team is well positioned to help you determine whether you need to go through this process, and, if so, will guide you each step of the way.

Please note that not all employers and employees are required to use the lengthy PERM process. For example, executive and managerial employees of multinational companies are exempt from this requirement. Those who have demonstrated a high level of accomplishment in their field are exempt from this requirement. Those whose work can be characterized as work in our national interest are exempt. Religious workers and investors are also exempt from this requirement.

As seeking permanent residency through employment can be a multi-year process, please contact the Clark Lau LLC team as soon as possible so that we may assist you in developing a strategy that will cause the least disruption to your goals.